BD. OF ADJ. OF CITY OF MOBILE v. Murphy

Following a jury verdict, which granted appellees a use variance for certain property, and the denial of a motion for new trial, the Board of Adjustment of the City of Mobile (Board) appealed to this court. The appellees consist of the owners of the parcel of property, Roberta Murphy, Lee Shearer, Robert Bush, Lucy Beaven and the estate of Fletcher Gordon (owners), and the prospective purchasers of the property, Ross Diamond III, James Hasser, Jr., and James Frost (prospective purchasers).

On October 22, 1989, the prospective purchasers agreed to buy the property, contingent upon their ability…